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McALLISTER v. CHARTER FIRST MORTGAGE, INC.

567 P.2d 539 (1977)

279 Or. 279

Robert F. McAllister and Frances N. McAllister, Husband and Wife, Respondents, v. CHARTER FIRST MORTGAGE, INC., an Oregon Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided August 2, 1977.

Attorney(s) appearing for the Case

B. Leonard Beal, Portland, argued the cause for appellant. With him on the briefs were Michael J. Esler, and Haessler, Stamer & Esler, Portland.

Steven L. Swartsley, Medford, argued the cause for respondents. With him on the brief was Courtright & Swartsley, Medford.

BRYSON, Justice.

Plaintiffs, husband and wife, brought this action against their closing agent and mortgage broker, Charter First Mortgage, Inc. (Charter), for damages sustained as a result of Charter's failure to secure a well pump test on property purchased by plaintiffs. Charter charged plaintiffs for the test in the closing statement.

Defendant affirmatively alleged as a defense that plaintiffs previously elected their remedy by suit and obtaining a decree...

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